Breytenbach application urgent - lawyer

2012-06-25 16:09

Johannesburg - An application by suspended prosecutor Glynnis Breytenbach challenging her suspension by the NPA should be an urgent matter, the Labour Court in Johannesburg heard on Monday.

"A suspension is the industrial equivalent of an arrest.... The matter is urgent on the basis that someone's dignity is involved," Andrew Redding, for Breytenbach, argued.

"The publicity in the press has had a negative effect on my client's reputation.... It has been nationally reported on because a prosecutor is involved; the entire society is interested and [has] begun to form an image of my client."

Judge Hamilton Cele asked Redding if the matter was urgent, because Breytenbach did not file the papers immediately after her suspension.

"My client hoped that the proceedings would be dealt with in 60 days... Perhaps she hoped it would," Redding responded.

He argued that Breytenbach found out through the media that the National Prosecuting Authority (NPA) had suspended her.

She was suspended as the regional head of the specialised commercial crime unit on April 30, for conduct relating to cases allocated to her, the NPA said at the time.

In court documents submitted earlier, Breytenbach submitted that the NPA had "ulterior motives" when it suspended her.

She believed acting National Director of Public Prosecutions Nomgcobo Jiba suspended her in an attempt to protect former crime intelligence head Lieutenant General Richard Mdluli.

The NPA has denied this and has accused her of improper conduct, because she accused her employer of, among other things, fraud when she filed her urgent application in the Labour Court.

On June 19, Breytenbach's disciplinary hearing was postponed to July 23.

The application continues.

  • tumisang.kolobe - 2012-06-25 16:26

    Its not urgent she is getting paid.the NPA should recall her but give her no cases to prosecute and a separate office where she can sit alone to avoid any media leaks.

      Godfrey - 2012-06-25 16:35

      Are you suggesting a "cover-up" operation?

      Archie - 2012-06-25 16:50

      rather get the truth out and stop protecting criminals you twit!

  • Hermann - 2012-06-25 16:31

    I hope she wins her case - chances slim pigmentation and honesty counts against her.

      david.lebethe - 2012-06-25 17:34

      @HermannH. In terms of Rule 6(12) of Uniform Rules of Court read together with Rule 6(5) of the Labour Court Rules, reasons for urgency are a requisite as the judge is right to have asked her counsel.

  • dries.reyneke - 2012-06-25 16:34

    Kick their backsides Breytenbach. Looi die skelm skuim.

      crazyjourno - 2012-06-25 16:42

      Ek stem Dries!! Die een is meer korrup as die ander. Nail vir Mdluli en sy vrou... Gaan lees bietjie Killing Kebble ens krap bietjie dieper dan sien jy hoe ERG KORRUP die klomp is!!

  • Danie - 2012-06-25 16:54

    Is Tumisang scared she would manage to send a few of his ANC buddies stealing the poor black voters money, to jail?

  • Tiaan Liebenberg - 2012-06-25 17:07

    I have been waiting for a labour court date for 1 and half years. Meantime, facing financial ruin, but deemed not urgent. Guess have to change surname to Mdluli or Rautenbach

      david.lebethe - 2012-06-25 17:38

      @Tiaan Liebenberg. Maybe you should consider changing your representatives. 1 and half years is inordinately long and can tell you right away that the chances of reclaiming your job are non-existant.

  • Tiaan Liebenberg - 2012-06-25 17:09

    PARDON - MY BAD!!! BREYTENBACH, not Rautenbach

  • david.lebethe - 2012-06-25 17:31

    At least her counsel did not ask for postponement when he realised a black Judge was going to preside over the dispute. My experience with disputes in High Court (including the Labour Court) is that majority of white advocates would not entrust black judges with their cases while on the other hand, white judges would set the standards higher for black advocates even in a simple case.

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